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TERMS AND CONDITIONS

Welcome to BX1 Gym. By enrolling in any class, program, or service at BX1, or by using our facilities, you agree to abide by the following Terms and Conditions. These terms are in place to ensure a safe, respectful, and effective training environment for all members.

GENERAL TERMS AND CONDITIONS
"You" refers to you and/or your child(ren).
As a member of BX1 Gym(BX1), formely known as Mosman Martial Arts Academy, you can use our club in line with these terms and conditions, including the club code. You understand and agree that your use of our club must be in accordance with these Terms of Service and we may deny, suspend, restrict or terminate your service or membership wihout prior notice if you fail to comply with them.
Photography, video or audio recording of our classes is prohibited without the express written permission of BX1.
Please note, video surveillance operates 24 hours for safety and security purposes. By entering our premises, you consent to being filmed.
All our fees are non-refundable, non-transferrable and are subject to regular review.

ASSUMPTION OF RISK & WAIVER OF LIABILITY:
Martial arts and fitness training inherently involve physical risks. By participating in any class or activity at BX1, you acknowledge and accept all risks of injury or harm. BX1 Gym, its owners, instructors, and staff are not responsible for any injuries, illnesses, or damages that may occur during your participation, including those arising from the use of equipment or facilities. This waiver of liability extends to all types of training and activities within the gym.

MISSED & MAKE UP CLASSES:
If your child misses a class you can schedule a make-up class during the same fortnight only within our regular timetable. To claim a missed lesson, you must first advise BX1 of non-attendance in writing (email, text/SMS) at least 2 hours prior to your child's regular class or early cancel your session in our BX1 Gym app. To redeem a missed lesson you must ring on the day you wish to attend to see if there are spots available in your desired class or re-book in our BX1 Gym app where class availability is reflected in real time. Missed lessons are subject to availability and cannot be guaranteed on the preferred date/ time. Your ongoing plan includes unlimited classses during NSW school holidays. Missed Lessons that are not claimed will be forfeited at the end of every fortnight. Missed lessons are not claimable once cancelled from BX1 Kids Karate Classes and cannot replace your regular booking.
Once classes and billing have commenced no refund is available.

PUBLIC HOLIDAYS:
BX1 does not conduct classes on Public Holidays. If your training lesson falls on a public holiday you have the option of booking a make up lesson in lieu of your regular lesson as a credit is not offered for public holidays.

REGISTRATION & MEMBERSHIP:
Your agreement with BX1 Gym takes effect when you sign the Registration or Direct Debit form and it is accepted by BX1 Gym. If there is any discrepancy between these terms and what you are told in person or over the phone, these terms take precedence.

Our BX1 Gym app is a free download from your app store allowing you to check your visits record, make bookings and check updated class times or instructors and closed days, in real time.

You will be charged a joining fee when you initially sign up or renew after five years or more of non-membership. This fee is non-refundable.
If you defer your start-up fee or any other fees, we will charge you a higher fortnightly amount until you have paid the deferred fees in full.

Discounts are available for immediate family members linked to a primary full-paying member. If the primary member cancels their membership, the family member will be charged full fees.

Upon signing and maintaining your registration and each time you use BX1 Gym facilities, you affirm that you:

Are in good physical condition.

Have medical clearance to exercise from a qualified health professional.

Are not aware of any medical or other conditions that may prevent you from safely participating in exercise activities.

Our staff are not medically trained and cannot assess your health or fitness level. If you are unsure, we strongly advise seeking expert medical advice before engaging in physical activity.

We may choose to refuse your membership agreement until:

your doctor agrees in writing that you are fit to exercise

you show us proof that you have received medical advice on an appropriate exercise program.

You must not use club facilities if:

you have an infection, contagious illness or physical ailment, such as an open cut or sore

there is any other risk, however small, to other members and guests.

MEMBERSHIP FEES & NO REFUND POLICY:
Membership fees are paid in advance on a fortnightly basis via direct debit from your nominated bank account or credit card. Your first debit will be charged on the day your plan is activated, marked by your first visit or the date of purchase—whichever comes first.
Once the minimum term of your membership ends, your plan will automatically roll over on a month-to-month basis at the current rates displayed on our website or at Reception. If you do not submit a cancellation request in accordance with our cancellation terms, you accept the renewal of your membership and agree to the prevailing terms.
BX1 reserves the right to adjust fees after the minimum term has expired, with at least one month’s notice provided. Surcharges apply for credit cards (including VISA debit facilities). These surcharges are displayed at Reception.
Casual classes are an alternative if no commitment is desired.

DIRECT DEBIT REQUIREMENTS:

Ensure your account can accept direct debits.

Maintain sufficient funds in your account on the payment day and the next 5 days.

Notify BX1 at least 48 hours in advance if your bank account or card details details change.

If your payment fails, we will suspend your club access until your account is up-to-date, and a $14 dishonor fee will apply.

MEMBERSHIP FREEZE:
You may freeze your child's membership during NSW school holidays only, for up to a maximum of 5 fortnights each 365 days from the activation date of your contract. The freeze must be requested in writing, via email, at least 7 days prior to the requested freeze period. When your freeze ends you will automatically return to your regular fortnightly rate. If your notice occurs between billing dates, the full fortnight will be debited on your billing due date. Any remaining days that are owing back to you will be credited when your freeze is lifted. The time freeze fee for all memberships is $10 per fortnight, which you can pay in advance or by direct debit. If you are within your minimum term, any time freezes are not classified as a full payment toward your contract.

If a freeze is not applicable, members are only eligible for make-up classes at the discretion of BX1 Gym management.

CANCELLATION WITHIN MINIMUM TERM:
If you wish to cancel your plan within your minimum term and have more than 30 days left in your minimum term, you must pay out the remainder of your agreed term. If you have 30 days or less in your minimum term and wish to cancel, you must provide us 30 days' written notice to cancel. The cancellation notice must be provided in writing via email to the official email address provided on our website. The 30-day notice period is paid at the rate associated to your membership.

Memberships may be transferred to another person within the minimum term, provided the transferee meets all eligibility criteria, as follows:

transferee is not a current member

transferee completes the new membership sign-up process and pays a transfer fee equivalent to the start-up joining fee

transferee is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership)

transferee has not previously been banned by BX1 or failed to pay membership fees.

The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation, family or friends memberships. If you wish to cancel for any other reason, within your minimum term, you must pay out your agreement.

CANCELLATION AFTER MINIMUM TERM:
You or BX1 may cancel your membership after the minimum term expires. When you cancel, you must pay us any fees you owe or we may take action to recover them.
A one-month written notice is required for cancellation, with the notice period starting from the date of your request. This means your final debit may be a pro rata amount. You cannot freeze your membership during the notice period. Any existing freeze is automatically lifted once notice to cancel is received.
To ensure your direct debit does not continue past your minimum term, you must give us written notice at least one month before your minimum term is up. The cancellation notice must be provided in writing via email to the official email address provided on our website. You cannot freeze your membership payments during the notice period, any freeze is automatically lifted once notice to cancel is applied.

Cancellation Deposit
For sign-ups after January 2024: If you terminate your ongoing contract outside of your minimum term, a 30-day prepaid cancellation fee will apply when your current debit cycle is completed. This cancellation fee is paid at the time of sign-up to cover your notice period. You are free to continue training during the entire 30-day cancellation period. The cancellation notice must be provided in writing via email to the official email address provided by BX1 Gym.
To ensure timely receipt of important communications, please keep your contact details up-to-date. If you do not receive a direct notification, please contact us immediately.

For cancellation due to permanent illness, or bankruptcy, you must provide supporting documentation, such as a medical certificate or bankruptcy notice from the Australian Financial Security Authority (AFSA).

CLUB CODE OF CONDUCT
All members must follow the club code, including posted signs and handouts. Members are responsible for using equipment safely and correctly. If you are unsure, please ask a staff member for assistance. You are liable for any damage caused by negligence or misconduct.
Lockers are available for use while exercising but are not security lockers. BX1 Gym is not responsible for lost or stolen items. We may remove belongings left in lockers overnight.
Members and guests must wear appropriate attire in the gym. Offensive images or advertisements are not allowed. We reserve the right to deny entry to anyone acting inappropriately or breaching the code of conduct.

PRIVACY POLICY:
BX1 Gym is committed to protecting your privacy and complies with the Privacy Act 1988 (Cth). We collect personal information to provide services and may use it for marketing purposes. By signing your membership agreement, you consent to your image being used in promotional materials if you appear in club photography or video recordings.

Use of Member Images for Promotional Purposes:
BX1 Gym reserves the right to use photos and videos of members for promotional purposes, including but not limited to social media, websites, and advertisements. If a member objects to the use of their image, they must notify BX1 Gym in writing.

Intellectual Property:
All content, materials, and educational resources provided by BX1 Gym, including videos, lesson plans, and promotional materials, remain the intellectual property of BX1. Members are not permitted to reproduce, share, or distribute this content without express written consent from BX1 Gym.

VOUCHERS & GIFT CARDS:
Gift Vouchers, Gift Cards, Gift Products or purchases made through a rewards platform points system/ auction/ fundraiser are non-refundable and cannot be redeemed for cash.

All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

Government-Mandated Shutdowns & Pandemic Policy:
In the event of a government-mandated shutdown, pandemic, or other force majeure events, BX1 Gym will implement alternative training options, such as online classes, where possible. In such situations, membership fees will not be refunded, but memberships may be extended or frozen at the discretion of management, in accordance with NSW law.

CHANGES TO TERMS AND CONDITIONS:
We reserve the right to amend, update, or remove parts of these terms and conditions, including changes to the club’s operating hours, services, facilities, or membership fees. In some instances, the club may be temporarily closed for renovations or improvements to facilities. Membership fees will not be reduced for closures due to public holidays or short-term renovations.
We will provide you with at least 30 days' notice of any significant changes, communicated via:
-Our newsletter or website
-A posted notice within the club,
-Direct email, SMS, or postal mail to the address you have provided.
If you do not agree with any significant changes, you have the right to cancel your membership by providing written notice within 14 days from the date you receive the communication. In this case, the standard cancellation fees outlined in your membership agreement will apply. To ensure timely receipt, please ensure your contact details are up-to-date. If you have not received a direct notification, please contact us immediately.

GOVERNING LAW:
Your membership agreement is subject to Australian law and is governed by the laws of the state in which your home club is located.

Dispute Resolution (Mediation & Arbitration)
Any disputes arising between BX1 Gym and its members must first be addressed through mandatory mediation or arbitration before any legal proceedings. This ensures that disputes are handled quickly and efficiently, without resorting to litigation.

By participating and continuing your membership at BX1 Gym, you agree to these terms and conditions.

E-mail: kids@bx1.com.au